„As a mathematical object, the constitution is maximally simple, consistent, necessarily incomplete, and interpretable as a model of natural law. Political authority is allocated solely to serve the constitution. There are no authorities which are not overseen, within nonlinear structures. Constitutional language is formally constructed to eliminate all ambiguity and to be processed algorithmically. Democratic elements, along with official discretion, and legal judgment, is incorporated reluctantly, minimized in principle, and gradually eliminated through incremental formal improvement. Argument defers to mathematical expertise. Politics is a disease that the constitution is designed to cure.“

—  Nick Land

"A Republic, If You Can Keep It" https://web.archive.org/web/20140327090001/http://www.thatsmags.com/shanghai/articles/12321 (2013) (original emphasis)

Estratto da Wikiquote. Ultimo aggiornamento 03 Giugno 2021. Storia
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Nick Land58
British philosopher 1962

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„As a mathematical object, the constitution is maximally simple, consistent, necessarily incomplete, and interpretable as a model of natural law. Political authority is allocated solely to serve the constitution.“

—  Nick Land British philosopher 1962

There are no authorities which are not overseen, within nonlinear structures. Constitutional language is formally constructed to eliminate all ambiguity and to be processed algorithmically. Democratic elements, along with official discretion, and legal judgment, is incorporated reluctantly, minimized in principle, and gradually eliminated through incremental formal improvement. Argument defers to mathematical expertise. Politics is a disease that the constitution is designed to cure.
"A Republic, If You Can Keep It" https://web.archive.org/web/20140327090001/http://www.thatsmags.com/shanghai/articles/12321 (2013) (original emphasis)

Alberto Gonzales photo
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„The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals.“

—  Sandra Day O'Connor Former Associate Justice of the Supreme Court of the United States 1930

Striking down the "Take-Title" provision of the Low-Level Radioactive Waste Policy Amendments Act in New York v. United States, 505 U.S. 144 (1992).

William H. Seward photo

„The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty.
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.“

—  William H. Seward American lawyer and politician 1801 - 1872

Speech, United States Senate (11 March 1850).
Contesto: It is true, indeed, that the national domain is ours. It is true that it was acquired by the valor and with the wealth of the whole nation. But we hold no arbitrary authority over it. We hold no arbitrary authority over anything, whether lawfully acquired or seized by usurpation. The constitution regulates our stewardship; the constitution devotes the domain to union, to justice, to defense, to welfare and to liberty.
But there is a higher law than the Constitution, which regulates our authority over the domain, and devotes it to the same noble purposes.

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John Marshall photo

„Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.“

—  John Marshall fourth Chief Justice of the United States 1755 - 1835

17 U.S. (4 Wheaton) 316, 421. Regarding the interpretation of the Necessary and Proper Clause.
McCulloch v. Maryland (1819)
Contesto: We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.

Robert Peel photo

„I have read all that has been written by the gravest authorities on political economy on the subject of rent, wages, taxes, tithes, the various elements in short, which constitute or affect the price of agricultural produce.“

—  Robert Peel British Conservative statesman 1788 - 1850

Speech http://hansard.millbanksystems.com/commons/1839/mar/15/corn-laws-adjourned-debate-fourth-night in the House of Commons (15 March 1839).

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Jamal Khashoggi photo
Ketanji Brown Jackson photo
Francis Escudero photo
Alexander Hamilton photo
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Abraham Lincoln photo

„In all matters but this of Slavery the framers of the Constitution used the very clearest, shortest, and most direct language. But the Constitution alludes to Slavery three times without mentioning it once! The language used becomes ambiguous, roundabout, and mystical.“

—  Abraham Lincoln 16th President of the United States 1809 - 1865

1860s, Allow the humblest man an equal chance (1860)
Contesto: It is easy to demonstrate that "our Fathers, who framed this government under which we live," looked on Slavery as wrong, and so framed it and everything about it as to square with the idea that it was wrong, so far as the necessities arising from its existence permitted. In forming the Constitution they found the slave trade existing; capital invested in it; fields depending upon it for labor, and the whole system resting upon the importation of slave-labor. They therefore did not prohibit the slave trade at once, but they gave the power to prohibit it after twenty years. Why was this? What other foreign trade did they treat in that way? Would they have done this if they had not thought slavery wrong? Another thing was done by some of the same men who framed the Constitution, and afterwards adopted as their own act by the first Congress held under that Constitution, of which many of the framers were members; they prohibited the spread of Slavery into Territories. Thus the same men, the framers of the Constitution, cut off the supply and prohibited the spread of Slavery, and both acts show conclusively that they considered that the thing was wrong. If additional proof is wanting it can be found in the phraseology of the Constitution. When men are framing a supreme law and chart of government, to secure blessings and prosperity to untold generations yet to come, they use language as short and direct and plain as can be found, to express their meaning. In all matters but this of Slavery the framers of the Constitution used the very clearest, shortest, and most direct language. But the Constitution alludes to Slavery three times without mentioning it once! The language used becomes ambiguous, roundabout, and mystical. They speak of the "immigration of persons," and mean the importation of slaves, but do not say so. In establishing a basis of representation they say "all other persons," when they mean to say slaves — why did they not use the shortest phrase? In providing for the return of fugitives they say "persons held to service or labor." If they had said slaves it would have been plainer, and less liable to misconstruction. Why didn't they do it. We cannot doubt that it was done on purpose. Only one reason is possible, and that is supplied us by one of the framers of the Constitution — and it is not possible for man to conceive of any other — they expected and desired that the system would come to an end, and meant that when it did, the Constitution should not show that there ever had been a slave in this good free country of ours!

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„The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority“

—  Alexander Hamilton, Il Federalista

The Federalist Papers (1787–1788)
Contesto: The complete independence of the Courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the Legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of the Courts of justice; whose duty it must be to declare all Acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

No. 78

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